Game warden cases: Memorial Day Weekend mistakes on the lakes

This past week’s blog post on the issue of alcohol use on boats and the prospect, albeit a long way down the road, of a push to restrict that use generated some interesting comments.

That’s good. At least it got people to think about overuse of alcohol has on boating safety and the role government should or shouldn’t play in protecting us from ourselves or others.

But anyone who thinks overuse of alcohol use isn’t a common problem on public waters hasn’t spent much time on popular public lakes or bays on a busy summer weekend and certainly hasn’t sifted through the weekly field reports from Texas Parks and Wildlife Department’s law enforcement division.

In the most recent weekly report, which covers TPWD game warden activities during the Memorial Day weekend, I counted more than two-dozen instances where wardens made arrests – often multiple arrests – for boating while intoxicated. For example, wardens on Lake Nasworthy near San Angelo made six BWI arrests over the holiday weekend. And Nasworthy, when full (which it isn’t), covers only 1,500 acres or a little more than two square miles.

The other thing that jumps out of this week’s reports is the instances of boaters getting in trouble when caught in rough water conditions. This has been a particularly windy year, and rough water has been more the rule than the exception.

Whether it’s a lack of boating experience, a lack of respect for how dangerous rough conditions can be or just plain poor judgment or bad luck, there seems to have been a rash of boat capsizings and swampings over the past couple of months.

There certainly were a lot over the very-windy Memorial Day weekend.

This week’s selection of recent cases and incidents worked by TPWD game wardens underscore the problems caused by overuse of alcohol and underestimating the weather:

On May 28, Polk County Game Wardens Ryan Hall, David Johnson, and Brandon Mosley were notified of a boat accident and possible drowning on Lake Livingston.

They responded to the scene where they were joined by Tyler County Warden Bill Zappe and Houston County Warden Zack Benge.

The wardens interviewed the operator of the boat and learned that he had been pulling a friend on a tube behind his boat and his friend, who was not wearing a life jacket, was slung off the tube and drowned.

Wardens noticed a strong odor of alcohol coming from the operator’s breath, and a preliminary breath test showed he had a blood alcohol concentration of .12.

Warden Hall transported the operator to the Livingston Memorial Hospital and obtained a mandatory blood specimen and conducted standard field sobriety tests.

After performing poorly on the SFST, the Houston man was arrested and booked in the Polk County Jail on charges of intoxication manslaughter.

The other wardens recovered the body of the victim shortly before the suspect was booked in the jail.

On Saturday of the Memorial Day weekend, Grayson County Game Warden Michael Hummert, along with Cadet Kyle Nevins and TMAR (Texas State Guard Maritime Regiment) personnel, stopped a vessel on Lake Texoma for a water safety inspection

The driver appeared disoriented and exhibited signs of intoxication during the water safety check.

A large amount of beer was in the boat, but none of the nine people on board were 21 or older.

The boat operator failed float tests and provided a breath sample than indicated a blood alcohol level of 0.241 – more than three times the .08 level for intoxication.

The boat driver was transported to the Texoma Game Warden Station for field sobriety tests, which he failed and was immediately arrested for boating while intoxicated.

The driver provided additional breath samples which indicated a blood alcohol level of 0.266 and 0.277.

The eight other minors on the vessel were arrested for minor in consumption of alcohol and were transported to the Texoma Game Warden Station for processing.

Cases pending.

While patrolling Lake Jacksonville about 10:30 p.m. on May 29, Cherokee County Game Wardens Eric Collins and Brian Bearden noticed a boat that was not displaying proper navigation lights.

Upon making contact with the operator, wardens noticed signs of intoxication. Field sobriety tests confirmed their suspicions.

The subject was arrested for BWI and booked into the Cherokee County Jail.

Memorial Day, Nacogdoches County Game Warden Randy Stovall was patrolling the Angelina River when he approached a subject fishing from the bank.

The subject quickly ran to his truck claiming he was going to retrieve his identification

Warden Stovall was able to catch up to the subject and found an alligator tail crammed into a small cooler.

Further investigation revealed the alligator’s hide and head hidden under the subject’s toolbox.

Cases and restitution pending.

On May 28, Val Verde County Game Warden Mike Durand and Dustin Barrett along with wardens Matt Adams, Reagan County, and Trey Sparkman, Gaines County, assisted with an injured hiker on the Devils River State Natural Area.

Because of the remoteness of the area, wardens utilized their satellite phones to coordinate for an ambulance for patient transport from the nearest highway, which was a more than 90 minute drive away.

While Warden Sparkman stabilized the injured man, other wardens checked the subject’s camp and found a jar full of marijuana and an assortment of prescription pill.

The investigation into the identification of all the pills is ongoing.

Charges will be forthcoming.

Wise County Game Warden, Penny Nixon received a call May 16 from the manager of Lake Bridgeport who said he had received a call about a stranded boat.

Warden Nixon found the boat and assisted it back to the marina.

The boat owner said that the vessel had broken down during his most recent trip two week prior, and offered to pay the warden for her assistance.

On May 28, Waller County Game Warden Kevin Glass and Harris County Game Warden Kevin Creed were working water safety on the San Jacinto River below the Lake Houston Dam when they stopped a boat for water safety inspection.

During the inspection, the wardens detected slurred speech and noted the operator appeared to be unsteady standing on his feet.

The operator admitted to consuming approximately six drinks.

After asking the subject to perform a few short and simple tasks, wardens determined the operator was, indeed, intoxicated.

The operator volunteered a specimen of his blood and was booked in the Harris County Jail for BWI.

, Wardens Calvin Christian and Mark Nelson were checking bank fishermen along the Rio Grande River May 28 and approached within 15 yards of two subjects.

While waiting to observe the second of two men actually fishing, the first fisherman reeled in a catfish and placed it on a stringer.

Neither fisherman noticed the wardens standing behind them.

When wardens approached and asked to see their fishing licenses, the second man produced a license.

The first claimed that he wasn’t fishing and hadn’t caught anything.

Cases pending.

The evening of May 27, Wardens John Thorne, Logan Griffin, Dustin Balfanz, and Shawn Smith received a call from Henderson Sheriff’s Office about a small boat that had capsized shortly before dark.

The four passengers (including a 4-year-old boy) were reported to be on top of the overturned vessel in the middle of the lake at night in extremely rough weather conditions.

Wardens Balfanz and Smith were able to locate the boat. The rough conditions and darkness made rescue difficult, but after a few attempts Griffin and Thorne were able to pick up all passengers and safely return them to their families on shore.

Around sunset on May 28, Upshur County Warden David Pellizzari and Gregg County Warden Dewayne Noble were patrolling Lake Hawkins when Warden Noble spotted an overturned boat.

As the wardens approached, they noticed four people in the water, trying to move away from the sinking vessel.

The wardens approached the people, made sure everybody had a life jacket and began the rescue effort.

Two nearby personal watercraft tried to assist by picking up the victims but could retrieve only one person. The other PWC flipped when one of the victims took off his life jacket and started panicking because he couldn’t swim.

The wardens quickly grabbed that subject and loaded him on their patrol boat as he was struggling to keep his head above water.

The remaining two victims helped secure the vessel before wardens towed it to the bank.

The boat was a homemade vessel consisting of a 14-foot aluminum boat built around a jet ski used as the propulsion unit.

The boat, which was clearly overloaded, began to sink when a wave came over the stern

On May 28, Rains County Game Warden Nathan Wilson and Van Zandt County Game Warden Steve Stapleton where patrolling Lake Fork when they came across two subjects loading their vessel at a boat ramp.

Upon further inspection, Warden Wilson found 21 empty beer cans in the boat.

Both subjects were arrested for public intoxication and booked into the Rains County Jail.

On May 29 at 11:00 p.m., Van Zandt County Game Warden Steve Stapleton and Rains County Game Warden Nathan Wilson apprehended fish grapplers on Lake Tawakoni.

Wardens caught the two in the act of catching catfish with their hands near a submerged bridge.

Warden Brandt Bernstein and Cadet Brad Whitworth were on patrol on Lake Belton May 30 when they made contact with the operator of a pontoon boat.

Warden Bernstein conducted field testing for intoxication and determined the operator of the vessel needed to be taken to shore for further testing.

Once on shore, the suspect refused further testing.

As this was the suspect’s third or more boating-while-intoxicated charge, he was arrested for felony BWI and also charged with child abandonment or endangerment because there was a 4-year-old and a 7-year-old on the boat.

Case pending.

While patrolling Lake Travis on May 29, Travis County Game Warden Christy Vales and Williamson County Game Warden Joel Campos were making a pass through Devil’s Cove when they observed a female aboard a vessel slip and fall into the water.

The female had a difficult time keeping herself above water and required the assistance of two individuals from her vessel to pull her out.

Once out of the water, the female could not stand on her own, and it was apparent she was intoxicated and a danger to herself and others.

Wardens placed the female into their patrol vessel, and Warden Campos performed a series of on-the-water tests for intoxication.

After the test and observations of the intoxicated female, Warden Campos cited the female for public intoxication, and she was released to a responsible individual not involved in the Devil’s Cove vessel.

Case pending.

On May 29, Fayette County Game Warden Calvin Harbaugh arrested an individual on Fayette Lake for BWI.

During the investigation, the subject told Warden Harbaugh that he had consumed a 12-pack of beer. The subject’s blood alcohol level when tested after he was transported to the Fayette County Jail was .169 – twice the .08 level used to define intoxication.

About 2:30 in the afternoon of May 29, Calhoun County Game Warden Robert Dominguez and Lavaca County Game Warden Kerry Peterson had loaded the boat after working the morning on one of the local bay systems in Calhoun County and pulled into a café for a late lunch when the Calhoun County Sheriff’s Office reported a 911 call on a cell phone from an individual who said he and his wife were in a small johnboat taking on water in Lavaca Bay.

The elderly couple had launched their small flat bottom with a 4.5HP outboard from the beach beside the Highway 35 causeway.

While fishing in protected waters, they drifted into exposed waters where, facing high winds and rough water, they were unable to start their outboard.

Without hesitation, Dominguez and Peterson launched their patrol vessel and started searching the bay area north of the causeway.

The Port Lavaca Fire Department also launched a vessel.

On their way to launch the patrol boat, Peterson phoned Game Wardens Travis Haug and Philip Bird, who were patrolling Garcitas Creek in Victoria County near the head of Lavaca Bay, and asked them to respond in their direction.

Wharton County Game Warden Chris Bird was trailering a patrol boat near Caranchua Bay, heard the sheriff’s office radio traffic, and responded to the causeway.

The 30-plus-mph winds and heavy seas made it difficult for searchers, but after searching the wind-churned bay for some time, Peterson spotted two dark objects in the water.

The wardens approached the objects and found a flat bottom boat overturned with two dogs sitting on the top and the elderly couple holding onto the vessel with difficultly. The man was barely able to hold his head above water and had become tangled in rope and fishing gear. The victim’s life jacket was not fastened around his shoulders and affixed with only one snap.

Peterson was able to pull the man’s life jacket around his shoulders and snap the buckles for better flotation.

Dominguez pitched Peterson the Type IV device that was subsequently thrown to the female victim to add to her flotation.

Dominguez maneuvered the vessel near the male victim and both wardens reached for the man, who was distressed and unresponsive.

Wardens were able to grab hold of the male victim and pull him over the low gunwale of the patrol vessel and roll him on his back where he remained unresponsive and aspirating large amounts of swallowed saltwater.

Wardens next rescued the female victim, pulling her into the patrol boat.

Dominguez ran the patrol vessel to shore where EMS was waiting.

After Dominguez and Peterson were in route to shore with victims, Haug, Bird, and fire department arrived at the overturned vessel. Haug and Bird righted the vessel, pulled the plug, and secured the bow rope to pull it ashore.

Port Lavaca FD loaded and transported the dogs.

After reaching shore, the male victim was treated by EMS and became more responsive.

The victim’s small vessel was brought to shore and loaded in the back of their truck.

Responders reported the male victim told them he was weak from swallowing large amounts of saltwater and was about to let go of the vessel and give up when wardens approached their boat.